Peterson Defense Wants Wiretaps Nixed

Published 8:00 pm, Thursday, June 5, 2003

The judge overseeing Scott Peterson's murder trial will be asked Friday to dismiss the prosecutors assigned to the case and to toss out the results of two wiretaps that monitored thousands of Peterson's calls after the disappearance of his pregnant wife, Laci.

During the court-approved wiretaps, the first of which began two weeks after Laci Peterson vanished when investigators thought they had exhausted normal evidence-gathering techniques, police logged 3,858 phone calls made to her husband, according to court papers.

Some of those conversations will be questioned by defense lawyers who claim prosecutors engaged in misconduct because police eavesdropped on protected conversations between Scott Peterson and his lawyer.

The hearing Friday will also cover requests by more than 20 reporters who want to listen to tapes of their own wiretapped conversations with Peterson. Most of those journalists want those calls blocked from evidence under a state law that protects reporters from revealing unpublished work.

Judge Al Girolami will also consider issuing a gag order to prevent evidence leaks in the case and he may decide whether to release autopsy results of Laci Peterson and her unborn son. Prosecutors have said they support some form of a gag order, while defense lawyer Mark Geragos said in court paper that he opposes any effort to curtail discussions about the case.

Peterson, 30, has pleaded innocent to two counts of murder for allegedly killing his wife, Laci Peterson, and their unborn son. The pregnant part-time teacher disappeared just before Christmas.

Prosecutors said in papers filed Wednesday in Stanislaus County Superior Court that detectives acted in good faith during the wiretaps. Any portions of conversations recorded between Peterson and his lawyer and a private investigator will not be used in court, Deputy District Attorney Rick Distaso said.

A judge approved the wiretap of Peterson's phone Jan. 10 after prosecutors showed there was probable cause to believe a crime was committed and the wiretap would help them gather evidence they had not been able to find through normal means.

They discontinued the surveillance Feb. 4 after it no longer produced results.

A second wiretap was started April 15 after the remains of a woman and fetus, later proven to be Laci Peterson and her unborn son, washed ashore in San Francisco Bay near where Scott Peterson said he was fishing the day his wife vanished.

"It's not unusual to show a change in circumstance and put a wiretap back up," John Goold, a chief deputy prosecutor, said Thursday.

Among the thousands of calls captured in the wiretaps were 69 conversations Peterson had with his previous lawyer, Kirk McAllister, and three he had with private investigator Gary Ermoian. The defense claims police improperly listened to more than 50 privileged conversations with McAllister and one with Ermoian.

But prosecutors said investigators acting in good faith mistakenly listened to portions of two conversations with the lawyer in January.

Prosecutors said they haven't heard tapes of the calls and don't know what was said, but that police said nothing substantial was overheard. Ermoian was recorded telling Peterson that reporters were in front of his house.

Geragos has asked for a variety of sanctions for violating the attorney-client privilege, including the removal of prosecutors and exclusion of investigators involved in the eavesdropping.